A physician, physician assistant, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448
A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457
A speech-language pathologist or audiologist licensed under subch. II of ch. 459
or a speech and language pathologist licensed by the department of public instruction.
Any health care professional who in good faith provides another health care professional with information concerning a violation of this chapter or ch. 961
by any person shall be immune from any civil or criminal liability that results from any act or omission in providing such information. In any administrative or court proceeding, the good faith of the health care professional providing such information shall be presumed.
The secretary may, in case of the need for emergency action, issue general and special orders necessary to prevent or correct actions by any pharmacist under this section that would be cause for suspension or revocation of a license.
Special orders may direct a pharmacist to cease and desist from engaging in particular activities.
History: 1985 a. 146
; 1987 a. 264
; 1989 a. 31
; 1991 a. 39
; 1993 a. 222
; 1995 a. 27
s. 9145 (1)
; 1995 a. 448
; 1997 a. 27
; 1999 a. 9
; 2001 a. 70
; 2009 a. 280
See also ch. Phar 10
, Wis. adm. code.
Prescription drugs and prescription devices. 450.11(1)(1)
No person may dispense any prescribed drug or device except upon the prescription order of a practitioner. All prescription orders shall specify the date of issue, the name and address of the practitioner, the name and quantity of the drug product or device prescribed, directions for the use of the drug product or device, the symptom or purpose for which the drug is being prescribed if required under sub. (4) (a) 8.
, and, if the order is written by the practitioner, the signature of the practitioner. Except as provided in s. 448.035 (2)
, all prescription orders shall also specify the name and address of the patient. Any oral prescription order shall be immediately reduced to writing by the pharmacist and filed according to sub. (2)
(1g) Dispensing certain antimicrobial drugs for expedited partner therapy. 450.11(1g)(b)
A pharmacist may, upon the prescription order of a practitioner providing expedited partner therapy, as specified in s. 448.035
, that complies with the requirements of sub. (1)
, dispense an antimicrobial drug as a course of therapy for treatment of chlamydial infections, gonorrhea, or trichomoniasis to the practitioner's patient or a person with whom the patient has had sexual contact for use by the person with whom the patient has had sexual contact. The pharmacist shall provide a consultation in accordance with rules promulgated by the board for the dispensing of a prescription to the person to whom the antimicrobial drug is dispensed. A pharmacist providing a consultation under this paragraph shall ask whether the person for whom the antimicrobial drug has been prescribed is allergic to the antimicrobial drug and advise that the person for whom the antimicrobial drug has been prescribed must discontinue use of the antimicrobial drug if the person is allergic to or develops signs of an allergic reaction to the antimicrobial drug.
Except as provided in subd. 2.
, a pharmacist is immune from civil liability for injury to or the death of a person who takes an antimicrobial drug dispensed for that person under this subsection in connection with expedited partner therapy if the antimicrobial drug is dispensed as provided under par. (b)
The immunity under subd. 1.
does not extend to the distribution or dispensing of an antimicrobial drug by a pharmacist whose act or omission involves reckless, wanton, or intentional misconduct.
(1m) Electronic transmission.
Except as provided in s. 453.068 (1) (c) 4.
, a practitioner may transmit a prescription order electronically only if the patient approves the transmission and the prescription order is transmitted to a pharmacy designated by the patient.
(2) Prescription order file.
Every prescription order shall be filed in a suitable book or file and preserved for at least 5 years. Prescription orders transmitted electronically may be filed and preserved in electronic format.
(3) Preparation of prescription drugs.
No person other than a pharmacist or practitioner or their agents and employees as directed, supervised and inspected by the pharmacist or practitioner may prepare, compound, dispense or prepare for delivery for a patient any prescription drug.
Except as provided under par. (b)
, no prescribed drug or device may be dispensed unless there is a label attached to the container disclosing all of the following:
The name and address of the dispensing practitioner or licensed facility from which the prescribed drug or device was dispensed.
The telephone number of the pharmacy, if the prescribed drug or device is dispensed by an out-of-state pharmacy licensed under s. 450.065
The number of the prescription order as recorded in the prescription order file of the facility from which the prescription was dispensed.
The name of the practitioner who prescribed the drug or device.
For an antimicrobial drug dispensed under sub. (1g)
, the full name of the patient, if known, or the words, "expedited partner therapy" or the letters "EPT."
Directions for use of the prescribed drug or device as contained in the prescription order.
The name and strength of the prescribed drug dispensed, unless the prescribing practitioner requests omission of the name and strength of the drug dispensed.
The symptom or purpose for which the drug is being prescribed if the prescription order specifies the symptom or purpose under sub. (4m)
(b) Paragraph (a)
does not apply to complimentary samples of drug products or devices dispensed by a practitioner to his or her patients.
If a pharmacist, pursuant to a prescription order that specifies a drug product by its brand name, dispenses the drug product equivalent of the drug product specified in the prescription order, the label required under sub. (4) (a)
may include both the generic name of the drug product equivalent and the brand name specified in the prescription order, unless the prescribing practitioner requests that the brand name be omitted from the label.
(4m) Label options.
If a patient indicates in writing to a practitioner who makes a prescription order for the patient that the patient wants the symptom or purpose for the prescription to be disclosed on the label, the practitioner shall specify the symptom or purpose in the prescription order.
No prescription may be renewed except as designated on the prescription order. An accurate record of renewal dispensing shall be maintained showing the date and amount. No prescription may be renewed unless the requirements of sub. (1)
and, if applicable, sub. (1m)
have been met and written, oral or electronic authorization has been given by the prescribing practitioner.
(6) Sales of prescription drugs.
In the event of any sale of prescription drugs in bankruptcy, at public auction or any other sale of prescription drugs other than in the normal course of business or practice, the seller shall give written notice of the sale to the board at least one week prior to the date of sale and shall make a complete and accurate written report of the sale to the board within 10 days after the sale, showing the name and address of all of the purchasers of prescription drugs together with an itemized inventory of the prescription drugs sold to each purchaser. This subsection does not apply to the sale of a manufacturer, distributor or pharmacy as an ongoing business or practice if the parties first notify the board of the impending sale.
No person may obtain or attempt to obtain a prescription drug, or procure or attempt to procure the administration of a prescription drug, by fraud, deceit or willful misrepresentation or by forgery or alteration of a prescription order; or by willful concealment of a material fact; or by use of a false name or address.
Information communicated to a physician, physician assistant, or advanced practice nurse prescriber in an effort to procure unlawfully a prescription drug or the administration of a prescription drug is not a privileged communication.
No person may willfully make a false statement in any prescription order, report or record required by this section.
No person may, for the purpose of obtaining a prescription drug, falsely assume the title of, or represent himself or herself to be, a manufacturer, distributor, pharmacist or practitioner.
No person may make or utter any false or forged prescription order.
No person may willfully affix any false or forged label to a package or receptacle containing prescription drugs.
Except as authorized by this chapter, no person may possess, with intent to manufacture or deliver, a prescription drug. Intent under this paragraph may be demonstrated by, without limitation because of enumeration, evidence of the quantity and monetary value of the substance possessed, the possession of manufacturing implements or paraphernalia, and the activities or statements of the person in possession of the prescription drug prior to, during and after the alleged violation.
No person may possess a prescription drug unless the prescription drug is obtained in compliance with this section.
No pharmacist, manufacturer, distributor, owner or operator of a pharmacy or agent of a pharmacist, manufacturer, distributor or such an owner or operator may give any compensation or anything of value to a practitioner for the purpose of providing, or inducing the practitioner to obtain, any equipment, computer software or access to a service that may be used for the electronic transmission of a prescription order.
(8) Rule-making authority.
The department of justice may promulgate rules necessary for the enforcement of this section. In addition to all law enforcement officers and agencies, the enforcement of this section is the responsibility of the department and:
The board, insofar as this section applies to pharmacists.
The medical examining board, insofar as this section applies to physicians and physician assistants.
The podiatry affiliated credentialing board, insofar as this section applies to podiatrists.
The veterinary examining board, insofar as this section applies to veterinarians.
The dentistry examining board, insofar as this section applies to dentists.
The board of nursing, insofar as this section applies to advanced practice nurse prescribers.
(9) Penalties and enforcement proceedings. 450.11(9)(a)(a)
Except as provided in par. (b)
, any person who violates this section may be fined not more than $500 or imprisoned not more than 6 months or both.
Any person who delivers, or who possesses with intent to manufacture or deliver, a prescription drug in violation of this section is guilty of a Class H felony.
In any action or proceeding brought for the enforcement of this section, it shall not be necessary to negate any exception or exemption contained in this section, and the burden of proof of any such exception or exemption shall be upon the defendant.
Labeling of prescription drugs and prescription drug products. 450.12(1)(a)
"Brand name" means the name, other than the generic name, that the labeler of a drug or drug product places on its commercial container at the time of packaging.
"Generic name" means the official or established name given a drug by the U.S. department of health and human services or the U.S. adopted names council.
The manufacturer's or distributor's commercial container of every prescription drug or prescription drug product delivered to any pharmacist, practitioner, hospital or nursing home shall bear a label containing the generic name of the drug, if any, the brand name of the drug or drug product, if any, the name and address of the manufacturer of the drug or drug product and, if different from the manufacturer, the name and address of the distributor of the drug or drug product.
Every prescription order or medication profile record shall include the brand name, if any, or the name of the manufacturer or distributor of the drug product dispensed.
History: 1985 a. 146
Drugs for animal use.
In addition to complying with the other requirements in this chapter for distributing and dispensing, a pharmacist who distributes or dispenses a drug for animal use shall comply with s. 453.068
History: 1991 a. 306
Using drug product equivalent in dispensing prescriptions. 450.13(1)(1)
Drug product or equivalent to be used.
Except as provided in sub. (2)
, a pharmacist shall dispense every prescription using either the drug product prescribed or its drug product equivalent, if its drug product equivalent is lower in price to the consumer than the drug product prescribed, and shall inform the consumer of the options available in dispensing the prescription. In this section, "drug product equivalent" means a drug product that is designated the therapeutic equivalent of another drug product by the federal food and drug administration.
A prescriber may indicate, by writing on the face of the prescription order or, with respect to a prescription order transmitted electronically, by designating in electronic format the phrase "No substitutions" or words of similar meaning or the initials "N.S.", that no substitution of the drug product prescribed may be made under sub. (1)
. If such indication is made, the pharmacist shall dispense the prescription with the specific drug product prescribed. No preprinted statement regarding drug product substitution may appear on the face of the prescription order.